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[Field Marshal Dr. Opti]

I suppose it was inevitable really.

It is the job of any self-respecting insurance company to make life difficult for the policy holder when a claim is made.

The insurance company used by the trucking company are being equally unhelpful and have not yet admitted responsibility.....Sheesh.

Mrs Opti has been hit hard by the whole sordid affair and is not sleeping. Her nerves are shot. I took her to the doctor on Tuesday and he prescribed some medication to help her rest.

The 'real world' of insurance is a million miles away from how they portray themselves on television. Those glossy adverts filled with happy smiling people  are pure fantasy.

So tell me chaps. What exactly can I claim for in a situation such as ours?

[Kevin Wood]

Sorry to hear this, Opti. 

My view is that you should be put back in the situation in which you found yourself before the incident at no expense to yourself. So, start making notes of the cost of every phone call, day off work, etc. that you take in order to resolve this.

Mrs. Opti might also be eligible for some compensation if her inability to sleep continues, so make notes of doctors' visits and outcomes, time off work, etc. I'm not normally one to ambulance chase in such a way, but if it turns out to have made her life a misery, then some funds for a holiday when it's all over might be welcome? That and the fact that you will doubtless find yourself out of pocket in some other way once all is said and done....

There really isn't any doubt as to who was responsible, so might be worth a solicitor's letter to the insurer responsible making it perfectly clear that your expectations are as above? They will stop the BS and start damage limitation when they realise you aren't going to go away.

Above all, it WILL get sorted out, so try to look beyond it all at this stage. I'm sure others with more recent experience  will be able to offer better words of advice than these, of course.

[Lizzie_Zoom]

So sorry you are having problems with all this Opti

However, I am frankly at a loss as to why you are in the thick of it fighting a claim with your insurance company.  It is the lorry firm's / owner driver insurance company who should be dealing with this; it is not yours.  Their lorry struck your house so therefore it is for them to put right.  If they are not, and do not in a reasonable period of time, then you could start legal proceedings through your solicitor to claim damages, stress, and the main failure to settle on the claim which undoubtedly they are responsible for; your home did not hit the lorry, it was the other way round. They are legally responsible in civil law for the damage they caused and the distress following the accident in chasing an agreement to settle from them.  The longer this continues the more stress it is causing you all so the more damages you could claim.

I would consult your solicitor immediately if the other party are dragging their feet and make them aware of your legal intentions.

Have they made your property safe yet?  That is the first thing they should have done on their insurance.

[Field Marshal Dr. Opti]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

[Lizzie_Zoom]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Am I confused here Opti, but who's insurance company is involved with correcting/compensating the losses?

As I said THEIR insurance company have to put it right

[Field Marshal Dr. Opti]

The police, fire and ambulance service, proved excellent when the almighty crash rocked the house at 3 in the morning. What a contrast to the insurance companies who come across as unhelpful........unprofessional.......and inept.

[omegod]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Just a wee word of caution regarding these, they are immensely useful for short term use but it's very easy for them to become a crutch where shock and anxiety are concerned. Try and keep a boundary of a week or two when the use of them will cease   If she's still in a bad way maybe access some counselling.

R.E the insurance have you considered appointing your own loss adjuster? they deal with all the hassle and bill the insurers, aim to be as you were or better and aim for a nice holiday on any compo, you both definately deserve one!

[Field Marshal Dr. Opti]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Am I confused here Opti, but who's insurance company is involved with correcting/compensating the losses?

As I said THEIR insurance company have to put it right

As am I, Lizzie. My brain hurts in true Monty Python style.

The insurance company used by the trucking firm does not appear to want to get involved. Their response to emails and telephone calls is virtually zero.

My insurance company insists that it is not really their concern. Having said that they did secure the roof after I told them that high winds may result in a fatality or two.

I wonder what my blood pressure is reading these days?

[Field Marshal Dr. Opti]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Just a wee word of caution regarding these, they are immensely useful for short term use but it's very easy for them to become a crutch where shock and anxiety are concerned. Try and keep a boundary of a week or two when the use of them will cease   If she's still in a bad way maybe access some counselling.

R.E the insurance have you considered appointing your own loss adjuster? they deal with all the hassle and bill the insurers, aim to be as you were or better and aim for a nice holiday on any compo, you both definately deserve one!

Yep...thanks for the advice. I believe the old name for diazepam is valium.

[Lizzie_Zoom]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Just a wee word of caution regarding these, they are immensely useful for short term use but it's very easy for them to become a crutch where shock and anxiety are concerned. Try and keep a boundary of a week or two when the use of them will cease   If she's still in a bad way maybe access some counselling.

R.E the insurance have you considered appointing your own loss adjuster? they deal with all the hassle and bill the insurers, aim to be as you were or better and aim for a nice holiday on any compo, you both definately deserve one!

Yep...thanks for the advice. I believe the old name for diazepam is valium.

Oh dear Opti!!  If you have both started to hit those..................................!!  You need help!! 

It will get better though.......believe me!

[Sir Tigger KC]

I can't offer any advice Opti, but I'm sorry for your and Mrs Opti's troubles and it seems like you will have to steel yourself for a long drawn out battle with the bastards. 

Good Luck! 

[Lizzie_Zoom]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Am I confused here Opti, but who's insurance company is involved with correcting/compensating the losses?

As I said THEIR insurance company have to put it right

As am I, Lizzie. My brain hurts in true Monty Python style.

The insurance company used by the trucking firm does not appear to want to get involved. Their response to emails and telephone calls is virtually zero.

My insurance company insists that it is not really their concern. Having said that they did secure the roof after I told them that high winds may result in a fatality or two.

I wonder what my blood pressure is reading these days?

I would recommend Opti that you stick to thinking, and telling those involved, that the accident was not, could never be, your fault.  Your house was stationery at the time and clearly the lorry ran into your house causing tremendous damage and distress that you want full compensation for in regards to all costs, both in material and psychological terms, with your house fully repaired.  The lorry operators insurance company you are holding fully, and solely, responsible for that claim.  Your insurance company and that of the recovery firm have nothing to do with settling this claim.  Stick to that throughout Opti and, as I stated before, consult with your solicitor if you fail to obtain a reasonable response, adding those costs to your claim. I cannot see why the lorry operators company can refute any claim based on any civil law technicality, if that is what they are doing, and you can sue them if they fail to speedily honour your claim. Speak to the lorry operators insurance company direct either yourself or your solicitor, in writing, with all recorded.    

[Field Marshal Dr. Opti]

Thanks, Kevin and Lizzie.

Mrs Opti has been given a sick note for one month along with a prescription for something called Diazepam. The note states Acute anxiety/trauma. Her emotional state is not good at the moment.

As Kevin suggests I will certainly keep note of all the costs that we incur.

There really is no need to make things so difficult.

At the moment I am spending my days trying to obtain quotes for the damage. This is far more difficult than it seems as many contractors seem unwilling to come out, and both insurance companies are offering no help whatsoever.

Just a wee word of caution regarding these, they are immensely useful for short term use but it's very easy for them to become a crutch where shock and anxiety are concerned. Try and keep a boundary of a week or two when the use of them will cease   If she's still in a bad way maybe access some counselling.

R.E the insurance have you considered appointing your own loss adjuster? they deal with all the hassle and bill the insurers, aim to be as you were or better and aim for a nice holiday on any compo, you both definately deserve one!

Yep...thanks for the advice. I believe the old name for diazepam is valium.

Oh dear Opti!!  If you have both started to hit those..................................!!  You need help!! 

It will get better though.......believe me!

Not me, Lizzie. Just poor old Mrs Opti.

[05omegav6]

Give the Police a shout, they should be able to confirm, a) if the truck was insured at the time, and b) who by...

Then contact them directly.

Legal advice is the next step as you might need to bang some heads together, metaphorically speaking. Ideally the trucks insurers should be on the case already... but worst case you can claim against your insurance,  who will then seek to recover all losses from the third party. Your insurers are technically correct that it isn't currently their problem, but if you get nowhere with the trucks insurers, then your insurers will have little choice but to get stuck in

Might also be worth arranging for a structural engineer to inspect the house on your behalf... the insurers will do it eventually as part of the claim process... but you need to be sure that the property is safely habitable. If it isn't then you're entitled to alternative accommodation until it's fixed.

Another sticking point, is if the truck company is self insured... might be why they're stalling

It might also be worth contacting the Traffic Commissioner in charge of the region where the trucks operators licence is held, as the operator has obligations...

It will take a while, but it will get sorted. Chin up

[cleggy]

I really feel for you being put in this situation through no fault of your own especially Mrs Opti. I concur with all of the above comments, importantly the Diazepam warning.
I had something similar years ago when a lorry ploughed into my garden  taking out a wire fence, a hedge and two mature trees. It was a bank holiday Monday and the children and dog were playing at the other end of the garden, when I got there the driver was reversing out of the garden. He agreed to park up while I got pen and paper to get his details, guess what? he did a runner. I called the police with the name of the company 'Murphy' and suspected the chap to be drunk at nine in the morning. He was arrested later that day day and was over the limit, I contacted the company only to be told it was not their problem he wasn't allowed to use the lorry when not working.
My insurance weren't interested so I got a solicitor involved and in a short time the garden was put back to normal with replanting, an ex gratia payment for the stress and the legal work paid for by the firm's insurers.
So I would get legal representation and I hope for a good outcome for you.

[Kevin Wood]

Just a thought.. Do you have home legal cover? If so, I'd have thought this would cover getting a solicitor working for you. If not, spending a few quid getting one to put together a case indicating the items of expenditure for which you hold the 3rd party insurer responsible would be worth your while.

If your insurer can't be motivated to represent your interests then you need someone working for you who will.

[henryd]

I really feel for you being put in this situation through no fault of your own especially Mrs Opti. I concur with all of the above comments, importantly the Diazepam warning.
I had something similar years ago when a lorry ploughed into my garden  taking out a wire fence, a hedge and two mature trees. It was a bank holiday Monday and the children and dog were playing at the other end of the garden, when I got there the driver was reversing out of the garden. He agreed to park up while I got pen and paper to get his details, guess what? he did a runner. I called the police with the name of the company 'Murphy' and suspected the chap to be drunk at nine in the morning. He was arrested later that day day and was over the limit, I contacted the company only to be told it was not their problem he wasn't allowed to use the lorry when not working.
My insurance weren't interested so I got a solicitor involved and in a short time the garden was put back to normal with replanting, an ex gratia payment for the stress and the legal work paid for by the firm's insurers.
So I would get legal representation and I hope for a good outcome for you.

+1,let someone take the strain and get paid for it,insurers will have to stump for it

[powerslinky]

Crikey Opti, this seems like a complete shambles     

How are insurance companies allowed to behave like this is beyond me. Total stress for you & Mrs Opti

I think I would look at getting professional help in putting this claim together as well as getting something done pronto.

Feeling for you both  . . . but take heart from what has been already said by the oof members above

and chin up old chap

[scimmy_man]

contact one of the ambulance chasing firms, they will sort engineers to check the house is safe, compo for you wifes (and your) stress, and should appoint someone to sort everything out, the bill will be payed by the lorrys insurance.

dont even try to do it yourself, they will take the P as you are finding.

[jonathanh]

been in almost exactly the same position as you although in my case it was for £1,000.

Insurers when it comes to property damage hope you will go away, it is a civil matter rather than criminal so the police generally don't want to know

the insurers have a statutory responsibility for liability to third parties - I can find the reference in the road traffic act if you want.  however, here the approach I used

1) obtain a quotation for repair works for the damage and submit it to them

2) chase in 2-3 weeks if you have not received an answer ( you won't)

3) chase again saying that if you don't hear, you'll consider taking legal action

4) issue a final demand letter giving them 14 days or legal action will commence


the issue with the legal action is that if it is under £10k you cannot use small claims and that does mean solicitor.  If less than 10k run the claim yourself via small claims

I'd expect the insurers to cough up at point 4) as they then know you are serious

don't deal with your house insurers, its not their issue, deal with the lorry drivers.

and yes, when it comes to managing claims insurers are little sh1ts.  fight for every penny and do not give in. 

they rely most of the time on people trusting them or the old BS about their policy blah blah blah which is irrelevant as it is only civil law that matters

good luck

[SandBoy]

Just a thought.. Do you have home legal cover? If so, I'd have thought this would cover getting a solicitor working for you.

Totally agree with Kevin,check and check again,alot of policies have these in now,I know when we renewed we got legal cover...errr "Free"!!
Your insurers covered your property I would therefore imagine it is for them to act on your behalf and liase with the other company?
Be aware that IF YOU get builders to repair,then any faults are down to you to seek satisfaction,let the insurers get their own people in and then if you are not satisfied,it is down to the insurers to put right.

Sorry to hear of your dilema and hope you and the Mrs come out of this alright.
Link below may be of help?
http://www.financial-ombudsman.org.uk/publications/technical_notes/household-insurance-repairs.html

[pscocoa]

I cannot understand why your insurance company is not closely involved. If your house is fully insured they should be putting it right and they claim any recoveries from the guilty party.

If you have been unfortunate to have been dealt with by a numpty in your insurance companies claims department then you need to insist on the matter being escalated and a written response from your insurance company as to what is their precise position.

If not already done so you should have a letter into guilty party and any associated parties that you hold them responsible for all your losses whether insured or uninsured and that you will be taking action to deal with the rectification of the matter but give them a few days to respond and pass your letter to their insurers.

What is the value of the physical damage. Get the name of the Chief Executive of your insurer

[TheBoy]

I feel for you. I know exactly what you are going through.

The insurance should make things to the way they were before the incident, no more, no less, and no expense to you.

I think you should be chasing your home insurance, who in turn should be looking to recover losses from the 3rd party.

[Field Marshal Dr. Opti]

I feel for you. I know exactly what you are going through.

The insurance should make things to the way they were before the incident, no more, no less, and no expense to you.

I think you should be chasing your home insurance, who in turn should be looking to recover losses from the 3rd party.

[/highlight]

I am.

The bastards don't seem in any great hurry though.